The European parliament and delegated legislation: an institutional balance perspective

"This book looks into the Treaty-law framework governing the delegation of legislative power in the EU as redefined by the Lisbon Treaty. It asks how this empowered Parliament operates, both in in relation to decision-making at the legislative level, looking at specific case studies, and the sub-legislative level, examining its scrutiny powers. By doing so, it illustrates if the Parliament's formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation. This rigorous study gives a fascinating insight into one of the most significant developments in European parliamentary law-making, which EU constitutional lawyers will find required reading."--

"This book looks into the Treaty-law framework governing the delegation of legislative power in the EU as redefined by the Lisbon Treaty. It asks how this empowered Parliament operates, both in in relation to decision-making at the legislative level, looking at specific case studies, and the sub-legislative level, examining its scrutiny powers. By doing so, it illustrates if the Parliament's formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation. This rigorous study gives a fascinating insight into one of the most significant developments in European parliamentary law-making, which EU constitutional lawyers will find required reading."--

Intro -- Contents -- Table of Cases -- List of Figures -- List of Tables -- 1. Introduction -- I. A Primer: Operationalising Institutional Balance as a Yardstick for Assessing Institutional Developments -- II. Structure of the Enquiry -- 2. A Formal Reading of the Lisbon Treaty -- I. The Formal Catalogue of Acts -- II. The Lisbon Treaty's 'Atypical' Acts -- III. The Distinction between Delegated and Implementing Acts: A Cursory Reading of the TFEU -- IV. Parliamentary Control Over Post-Lisbon Executive Acts -- 3. The Road Leading Up to the Lisbon Treaty -- I. Comitology's Origins and Original Sin -- II. Judicial Sanctioning of Comitology and the Commission's Broad Implementing Powers -- III. From the Single European Act to the 2006 Revision of the Second Comitology Decision -- IV. A Recalibrated Institutional Balance -- 4. The Exponential Multiplication of Delimitation Problems -- I. Delimitation of Autonomous Executive Acts against (Delegated) Legislation and Implementation -- II. Delimitation of Legislation and Delegation -- III. Delimitation of Delegated and Implementing Acts -- 5. Delegated Power: Further Limits and Procedure -- I. The Passive Personal Scope of Article 290 TFEU -- II. Breaking Down the Specificity Requirement -- III. Testing Specificity in Practice -- IV. Procedural Limits to the Exercise of Delegated Powers -- 6. Implementing Power: Triggering Factors, Nature, Extent and Procedure -- I. The Notion of Uniform Conditions -- II. Reconceptualising Implementing Powers Post-Lisbon -- III. Exceptional Implementation by the Council -- IV. The (not so) Closed List of Implementing Actors and Implementing Acts -- V. The Comitology Procedures -- VI. No Self-Love, the 2017 Proposal to Amend the Comitology Regulation -- 7. The Practice and Politics of Delegated Legislation -- I. Strategies in Delegating Powers.